OF07 Resisting/Obstructing Police Flashcards
1
Q
DEFINE
‘obstructs’
A
Requires SOME DEGREE OF FORCE by the offender.
2
Q
DEFINE
‘incite or encourage’
A
URGE or PERSUADE
3
Q
DEFINE
‘execution of their duty’
A
LAWFULLY EXERCISING THEIR POWERS.
4
Q
What are the elements for Obstructing (Resisting Police)? S23(a) SOA1981
A
- Intentionally obstructs
OR
Incites or encourages any other person to obstruct - Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty.
5
Q
What are examples of Obstructing Police?
A
- Physical obstruction - Using their body
- Delaying the Police - Delaying entry so they can escape
- Warning of Police approaching - Warning persons actually offending
- Refusing to obey lawful instructions - Such as, moving a car for emergency services
- Telling untruths - So that the offender may evade
6
Q
What is the penalty for Obstructing (Resisting Police)?
A
3 months and/or $2000
